Question – Check-in TAS app

Questions asked by the Hon Meg WEBB MLC on 17 June 2021. Answered by the Minister for Health, Hon Jeremy Rockcliff MP on 29 June 2021.

 With regard to the COVID-19 Check in TAS App, will the Government detail:

QUESTION (1) Whether the Tasmania Police or any other agency has made any applications to access data collected by the Check in TAS App and if so:

a)  the total number and date of those applications made;

b)  the reasons and purposes cited to justify those applications;

 c) the number and date of any applications that were partially or wholly successful.

ANSWER (1)    The Department of Health has not received any requests from Tasmania Police or any other organisation for access to personal information that has been collected through the Check in TAS application.  The agency has received requests from other government agencies for data.  However, such requests have not been for personal information.  The agency routinely provides statistical data to other government agencies, such as the number of downloads or the number of check ins, to allow agencies to assess the level of compliance with the use of the application.

QUESTION (2) Whether any request to access data collected by the Check in TAS App would require a court order and if not, what the request process entails.

ANSWER (2)    The direction issued under section 16 of the Public Act 1997, Contact Tracing No. 5, which was made by the Deputy Director of Public Health on 14 May 2021, provides the legal basis for the mandated use of the Check in TAS application and the collection of personal information.  Section 147 of the Public Health Act governs the disclosure of personal information, with the direction also specifying that information kept in respect of a person under the direction is information that has been obtained for the purposes of:

(a)     the management, detection, notification, treatment or prevention of the spread of COVID-19;

(b)     managing a threat to public health or a likely threat to public health as a result of COVID-19, or;

(c)     ensuring compliance with and enforcing the public health act.  Further, the act and the direction state that the information obtained must not be used or disclosed other than as authorised under the act or another act.  This means that the information can only be disclosed for the purposes of rapidly identify possible contacts that may be exposed to COVID-19 at, or in connection with a relevant location.  Therefore, other statutes may provide for the disclosure of personal information in other circumstances.  For example, the Australian Health Practitioner Regulation Agency has broad information collecting powers. Similarly, a warrant or subpoena may require the production of information.  Information collected under the directions is only kept for 28 days.

QUESTION (3)  The non-health related circumstances under, or purposes for, which data collected by the Check in TAS App would be considered legitimate to be accessed.

ANSWER (3)    As noted above, other legislative requirements may authorise the disclosure of the information in certain circumstances.  Tasmania also has a bilateral agreement with the Australian government to facilitate access to the data for contact tracing purposes only.

See more questions from Meg Webb